All that you need to know about Central Board of Film Certification ( CBFC ) and the Leela Samson resignation issue

What is the Censor Board ?

•The Central Board of Film Certification ( CBFC ) known as Censor Board is a statutory body under the Ministry of I&B.

• It regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.

What are the categories under which films are certified?

	Unrestricted Public Exhibition		Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years
	Restricted to adults		Restricted to any special class of persons

Composition of CBFC

• The Board is headed by a chairperson . It also has some non-official members. All are appointed by the central government for a tenure of 3 years. Members of the Board are eminent persons in different walks of life.

• It has Regional offices which are assisted in the examination of  films by Advisory Panels. Regional Offices jurisdictions are decided by the language and origin of the film.  It is the regional offices which certify or censor films.

How does certification and censorship happen?

• Once a film is submitted to the regional office , an examining committee is formed to view the film. Many films are cleared — with or without deletions or modifications — at this stage itself. In case an applicant is not satisfied with the panel’s decision, the film goes to a revising committee. This is where the Board members intervene. All members record their verdict, and the committee decides by majority vote. If the chairperson does not agree with the majority view,  another revising committee can see the film.

If the final decision includes making cuts to the film, the applicant must do so and re-submit the film. The applicant gets the opportunity to present his views before the examining committee or the revising committee. If the applicant is not satisfied with the CBFC’s order, an appeal can be made to the Film Certification Appellate Tribunal (FCAT) in Delhi, which is headed by a retired judge. Film Certification Appellate Tribunal (FCAT) is a statutory body, constituted under Cinematograph Act, 1952.

En Masse resignation at CBFC , Why ?

• Leela Samson resigned after FCAT cleared the controversial film MSG. The board had earlier denied the clearance certificate to the film. Other members too resigned voicing similar concerns. Solidarity.

• Leela Samson alleged that there was political interference in the Board’s functioning. Adequate funds were not given to the Board. Advisory panels are filled with people with questionable credentials. The Board is not consulted. Direct appointments are made by the Ministry without consultation, rewarding their favorites.

Analysis

• With regards to censorship , Supreme Court has observed – Film censorship becomes necessary because a film motivates thought and action and assures a high degree of attention and retention as compared to the printed word. It can have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has as much potential for evil as it has for good and has an equal potential to instill or cultivate violent or bad behaviour. It cannot be equated with other modes of communication. Censorship by prior restraint is, therefore, not only desirable but also necessary. 

• On the contrary it has also been observed that there could not be any kind of restriction on the freedom of speech and expression other than those mentioned in Article 19 (2). Unreasonable and unsubstantiated censorship affects not only the right to free speech but also the right to practice a trade and craft.

• The situation presents an opportunity to reform the CBFC’s functioning, liberalize its approach and end the perception that it is packed with regime favourites who may not necessarily be the best suited for the job. Functional autonomy should be granted. Although as far as certification is concerned, more substantive arguments should be put forth.